Embarking on a short-term professional venture in Australia? The Temporary Work Short Stay Specialist Visa Subclass 400 might be your golden ticket for those looking to work in Australia on a short-term basis. In today's blog, we'll explore the key aspects of this visa, its features, eligibility criteria, and why employers find it particularly appealing.
The Subclass 400 visa is designed for individuals who wish to work on specific, short-term projects in Australia. This could include activities such as specialized work, or projects related to critical industries.
It's a great option for those who need to be in the country for a short duration and have a specific skill set.
Short-Term Duration: This visa is typically granted for a short period, usually up to three months but can be up to 6 months depending on the circumstances. Your stay in Australia commences once you arrive and does not restart each time you travel.
Eligibility criteria:
Specific Work or Activity:
You must be invited to participate in a specific project, event, or activity, and your stay is limited to the duration needed for that particular task.
The work must be:
Highly specialised.
Non-ongoing work.
Will not disadvantage Australian workers.
Not for the entertainment industry – not acting, directing, performing, etc.
Specific work: While you're on this visa, you can work on the specific project or activity outlined in your visa application or applying linked to that.
Genuine Temporary Entrant:
You should intend to stay in Australia temporarily and have the means to support yourself during your stay.
Health and Character Requirements:
Like any visa application, you must meet health and character requirements.
Health assessments and police clearance are not commonly required for a 400 visa.
Some will require biometrics.
Why do employers like the 400 visa?
There are no sponsorship obligations for this visa.
There is no Skilling Australia Fee – SAF – for this visa.
The application only has one stage, as compared to longer-duration visas which often have three stages.
The application process for the Subclass 400 visa is relatively straightforward. The processing time varies, but in general, is between 8 to 20 days.
Need Help Applying for a Temporary Work Short Stay Specialist Visa Subclass 400?
Work Visa Lawyers can assist you in applying for a 400 visa. As one of Australia's largest immigration law firms, our professional team can guide you through the process.
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
You can book an appointment online or call us at (+61) 8 8351 9956.
Today, we are going to provide you with some basic introductions into working in Australia, such as visas, salary, tax, working hours, holidays, how to get a job in Australia, and more.
The information is general and it's not legal advice.
Get a Visa with Work Rights
Ensure you have a valid visa that allows you to work. Note that visitor visas generally do not grant work rights. Many Australian visas do permit you to work with some having restrictions on the number of hours to work. For example, a student visa currently only allows you to work for 48 hours per fortnight in most cases.
To work in Australia, obtaining a Tax File Number (TFN) is crucial. Your TFN is your number for dealings with the Australian Tax Office. Without it, the tax office may withhold your tax at a higher rate, which is approximately 50%.
Full-Time, Part-Time, and Casual jobs
Understand the nuances of full-time, part-time, and casual employment. Each comes with its own set of benefits and conditions.
Full-time employees work 38 hours per week with benefits like paid annual leave and sick leave.
Part-time employees work regular hours but less than full-time, with benefits on a pro-rata basis.
Casual employees have irregular hours, no paid sick days or annual leave, and can be terminated at any time.
The recent round of invitations in December 2023 disappointed many aspiring migrants. Invitations were limited to health professionals and teachers, excluding many with completed skills assessments and English proficiency for the 189 visa. This has raised concerns about the accessibility and fairness of the invitation process.
Looking back at 2023, there were only two invitation rounds for the 189 and family-sponsored 491, all focused on health professions and teachers. This means many of those with skills assessments and English did not receive an invitation for the 189. This seems quite unreasonable and seems to be putting unnecessary pressure on those aspiring to come to Australia and not allowing them to get an invitation.
Invitation Rounds 2023
May
Skilled Independent visa (subclass 189)
7,353
Skilled Work Regional (Provisional) visa (subclass 491) – Family-Sponsored
74
December
Skilled Independent visa (subclass 189)
8,300
Skilled Work Regional (Provisional) visa (subclass 491) – Family-Sponsored
79
State Nominations for the 190 and 491 visas
State and territory nominations offer a broader range of occupations, each with slightly different criteria based on local economic needs. Unfortunately, the Northern Territory has exhausted its nomination allocations, temporarily closing new state allocations. Limited opportunities for points-based visas have prompted increased interest in employer-sponsored applications, particularly the TSS482 and the permanent residency 186 visas. The new Skills in Demand Visa, expected in late 2024, has also generated strong interest.
Labor Market Testing for TSS482
Labour market testing requirements for the TSS482 visa have been eased, reducing the number of advertisements required and eliminating the need for Workforce Australia Advertising. However, a minimum 28-day advertising period in the four months before nomination is now mandatory. Regional employer-sponsored nominations now receive the highest priority for processing under Ministerial Direction Number 105, indicating the government's emphasis on regional visas.
Changes in Priority Processing
Offshore applicants no longer receive priority processing, possibly reflecting the government's focus on reducing pressure on housing in major cities. This shift encourages regional visas and discourages offshore applications from individuals likely to settle in urban areas.
Working Holiday Maker Updates
Starting from January 1, 2024, working holidaymakers may work for the same employer for more than six months without seeking permission under certain circumstances. Exceptions include work in different locations, plant and animal cultivation, specific industries, natural disaster recovery, aged care, healthcare, childcare, and critical sectors like tourism and hospitality.
While some exceptions exist, individuals working beyond six months in non-covered situations must seek permission, with higher chances if tied to an employer-sponsored application. These changes provide flexibility for working holidaymakers but also highlight the importance of understanding the specific conditions and seeking appropriate permissions.
How can Work Visa Lawyers help?
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
You can book an appointment online or call us at (+61) 8 8351 9956.
Australia’s Minister for Agriculture, Drought and Emergency Management David Littleproud, has announced an agriculture visa will become available in 2021. The new visa is a result of Australia’s trade discussions with the UK in which it was agreed that British backpackers would no longer be required to work on Australian farms to retain their visas. The arrangement will release British tourists from often undesired requirement, and provide an opportunity for other travellers to visit Australia.
If you are completing your tertiary studies in December, your student visa is likely to be expiring in mid-March, just 3 more months down the road! If you have not sorted out your visa options for further stay in Australia you need to get started immediately. Read on to discover the options you have for extending your stay in Australia post-studies.
Apply for a 485 Temporary Graduate Visa if you are eligible
There are two streams to the 485 visa which are:
1. Graduate Work Stream
2. Post-Study Work Stream
Graduate Work Stream
For international students who graduated with a qualification related to an occupation on the Skilled Occupation List (SOL)
Requires a positive skills assessment
Valid for 18 months from the date of grant
Post-Study Work Stream
For International students who graduate with a higher education degree from an Australian education provider, regardless of their field of study.
This stream is only available to students who applied for, and were granted their first student visa to Australia on or after 5 November 2011.
This visa can be granted up to 4 years from the date the visa is granted, depending on the visa applicant's qualification.
Other criteria require for both streams include:
meet English language requirements. You have achieved an overall score of at least 6 with a minimum a score of 5 in each of the four test components (speaking, reading, listening and writing) in an International English Language Testing System (IELTS) test that has been undertaken in the three years immediately prior to lodging the visa application.
meet the 2 years full time Australian study requirement
Many graduates choose to apply for the 485 visa to give them more time to achieve the requirements for General Skilled Migration (GSM) or Employer Sponsored visas. While holding the 485 visa, you could:
obtain a positive skills assessment
improve English test scores
find an employer to sponsor you
gain more work experience (an application for a Temporary Skills Shortage subclass 482 visa requires 2 years of relevant work experience)
The subclass 485 Temporary Graduate Visa is a good option, but it is not available to all students. Many vocational course graduates miss out and may need to consider other options.
If you cannot apply for one of the two Graduate visas, then you mayneed to consider your other options below. If GSM and Employer sponsorship are not suitable, then you may have to apply for further studies visa.
Apply for a Skilled Visa – Subclass 189, 190 or 491
It is possible that graduates can immediately qualify for a General Skilled Migration (GSM) visa. There are a range of factors such as having a positive skills assessment, good English skills and state sponsorship for recent graduates. Registered Nurse, Engineer and Accountant are popular occupations for a GSM application as they do not require 1 year of work experience.
The 491 visa allows skilled applicants to live and work in regional Australia for up to 5 years. Applicants need to be nominated by an Australian State or Territory or by an eligible family member living in regional Australia. Upon visa grant, 491 visa holders must live and work in a designated regional area of Australia, which includes most of Australia except for Sydney, Melbourne and Brisbane. There is a pathway to permanent residency through the subclass 191 visa. The 491 has become a popular option as the Department of Home Affairs only require applicants to have 65 points. State sponsorship point requirements may be higher depending on the nominating state or territory. If you have a question about the 491 visa, visit our 491 FAQ page: https://www.workvisalawyers.com.au/news/all/australian-skilled-visa-491-your-questions-answered.html
There are various factors to be considered for the GSM pathway as each state and territory have their own sponsorship requirements and benefits (such as Chain Migrationfor South Australia); and nominated occupations must be on the skilled occupation list. For most occupations, a positive skills assessment must also be achieved prior to application. South Australia is one of the states which strongly supports its own graduates in obtaining state sponsorship for further visa applications. Immigration SA is making it easier for talented International graduates of South Australian public universities (in the last two years) to qualify for state nomination through the "High performing Graduate" category. Check with Work Visa Lawyers about the various state sponsorship requirements and their implications for your visa application.
Apply for a 482 Temporary Skills Shortage Visa
You may be eligible to apply for a 482 visa if you have worked the permitted 20 hours per week for 2 years while holding your student visa. You will also need an employer who is willing to sponsor you for a work visa. This pathway requires a few stages of work as the employer needs to be an approved sponsor first before sponsoring you. Work Visa Lawyers assists in checking the eligibility of the employer to be a sponsor and the sponsorship application process. If you have an employer willing to sponsor you, do contact us immediately as the preparation involved before your visa application can take some time. It is noteworthy that some employers may sponsor you for a permanent visa immediately.
Apply for a Partner Visa
During your studies you may have met someone who is an Australian citizen or an Australian Permanent Resident. If the relationship is genuine and ongoing, you can consider applying for a Partner Visa. The timing of your application and having strong supporting evidence is important. It is advisable that you check with Work Visa Lawyers on your situation before lodging an application for a partner visa. Read our articles to understand more about Partner Visasand the visa processing times.
Apply for a Further Studies Visa
You can choose to enrol in a new course for further studies to increase your skills. This option can be considered if you encounter the following scenarios:
The course you recently completed does not meet the 2-year study requirement, or
The course you completed has no suitable occupation to be nominated for a visa application
While this option is costly and you will not be applying for a permanent visa until you complete the new course, it allows you to stay on in Australia to evaluate your options later, as well as obtain another quality Australian qualification. Do note that there are no guarantees that the new course you enrol in will lead to a permanent residence visa. To be granted another student visa, you will need to meet the genuine temporary entrant requirement. This requires that you study a course with the intention to return to your home country with the newly acquired skills.
Pathways Taken By Other Graduates
Rosa
With Work Visa Lawyer's assistance, Rosa applied for a subclass 187 RSMS visa after graduating and she is now a proud Australian permanent resident!
Bruno
We helped Bruno with his Skilled Regional (Provisional) 489 visa. He now runs a successful barber shop in Glenelg, South Australia.
This information is accurate on 28 February 2020. Department of Home Affairs will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.
Do You Need Help?
At Work Visa Lawyers we are experienced in assisting applicants with skilled visa applications such as subclass 189, 190, 489, 485, 457 visas as well as the Regional Sponsored Migration Scheme (RSMS). We also handle family visa applications including Partner, Parent and Child visas.
If you require further information regarding your current visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956
or This email address is being protected from spambots. You need JavaScript enabled to view it.
The Regional Sponsored Migration Scheme visa (subclass 187), popularly referred to as the “RSMS visa” is an attractive Australian visa for professionals being sponsored to work in the regional areas of Australia. The RSMS visa grants you and your family members permanent residency in Australia. Here is an overview of what the RSMS visa allows you (and your family – partner and children) to do in Australia:
Live in Australia indefinitely
Work for the sponsoring company for at least 2 years
Travel in and out of Australia repeatedly for a period of 5 years
Study in Australia as a domestic student
Enjoy benefits such as Medicare, First Home Buyer’s Grant, Family Tax Benefits, etc.
While it sounds very attractive, especially in comparison to the temporary work 457 visa, it is important to note that the requirements to apply for the RSMS are very different from the 457 visa application. Here are the 10 things you need to know about applying for a RSMS visa.
No. 1 – What are the regional areas in Australia for the purposes of the RSMS visa?
The regional areas of Australia include all parts of Australia except Brisbane, Gold Coast, Newcastle, Sydney, Wollongong and Melbourne.
No. 2 - The 3 streams of the RSMS
There are 3 application pathways or streams for the Regional Sponsored Migration Scheme visa (subclass 187). The 3 streams available are:
(i) Temporary Residence Transition stream
This stream is available for Temporary Work (Skilled) visa (subclass 457) holders who have worked for the sponsoring employer for at least 2 years. You will also need to meet vocational English requirements unless you are exempt. No skills assessment is required.
(ii) Direct Entry stream
This is available for applicants who:
have never, or only briefly worked in Australia
hold a Temporary Work (Skilled) visa (subclass 457) but do not qualify under the Temporary Residence Transition Stream
are applying directly from outside Australia
You will need to meet competent English requirements (unless exempted) and also meet the skills requirements, which are explained in more details below.
(iii) Agreement stream
This stream is only applicable if you are being sponsored by an employer through a tailored and negotiated labour agreement. The age, skills and English requirements will be stated in the labour agreement.
No. 3 - Offer of employment in skilled position on a relevant list from an Australian business
The employer is an important part of the application process. You must have an Australian employer who is willing to sponsor you for an occupation that is on the appropriate occupation list.
For the Temporary Residence Transition stream you will need to refer to the Consolidated Sponsored Occupations List. The nominated occupation for the RSMS subclass 187 visa must have the same four-digit occupation unit group code as the occupation being carried out by the employee.
For the Direct Entry stream you will need to refer to a special legislative instrument for the list of occupations suitable for nomination. The occupations are specified in the legislative instruments IMMI 15/083 and IMMI 15/109. You will also need to seek Regional Certifying Body (RCB) approval before being able to nominate a position. More details about the RCB are explained below.
For the Labour Agreement stream you will need to check if an agreement is in place for the occupation being nominated. The occupation must have a Labour Agreement in place to be suitable for nomination.
If you need help with the position being nominated, please seek the help and advice of Work Visa Lawyers.
No. 4 – Visa applicant requirements for the RSMS Direct Entry
Applicants applying for the RSMS Direct Entry visa need to meet English, skills and age requirements.
For English applicants will need to demonstrate Competent English, which is shown by obtaining English test scores of IELTS 6.0 in all components, or equivalent alternative test scores. You will meet the English requirements if you are a holder of a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland.
You may be exempt from the English requirement if you command a very high salary for the position or are nominated for a select group of occupations.
The visa applicant must meet the skills and qualifications requirement for the nominated occupation. The skills and qualifications required for each occupation can be found at the ANZSCO list from the Australian Bureau of Statistics. Trade occupation applicants will need to obtain a skills assessment if the relevant qualifications were obtained outside of Australia.
Professions such as medical practitioners and nurses will need to obtain full practising registration in Australia before they can apply. As such many candidates from such professions will apply for a 457 visa first to work and obtain registration in Australia, before applying for permanent residence via the Temporary Transition stream later.
All Direct Entry 187 RSMS visa applicants need to be under the age of 50, unless exemptions apply.
No. 5 – Employer requirements for the RSMS Direct Entry
The employer will need to offer a position that is available for at least two years from the time the RSMS visa is granted. The occupation needs to be on one of the occupation lists relevant for the RSMS visa. Prior to the RSMS nomination and visa application the employer needs to apply for a Regional Certifying Body (RCB) certification. The RCB certification requires the employer to:
- advertise the position to show that the employer was unable to find a local Australian citizen or permanent resident to work in the position
- demonstrate genuine need for the position
Without a RCB approval your RSMS visa is likely to be refused by the DIBP.
No. 6 – Advantages of the RSMS Direct Entry subclass 187 visa
There are two advantages to the RSMS visa application. Firstly the nominated position is not subject to the Temporary Skilled Migration Income Threshold (TSMIT) which is $53,900. This means that unlike the 457 Temporary Work Visa the RSMS visa is suitable for occupations which have an annual market salary lower than $53,900 (such as cooks or restaurant and café managers). Secondly the RSMS occupation list has more occupations than the Consolidated Skilled Occupation List (CSOL) used for the 457 visa. A good example is Hotel Service Managers which are available for sponsorship under the RSMS visa but not for the 457 Temporary Work Visa.
Other advantages would include the exclusion from 457 visa sponsorship obligations and the fact that visa applicants (the employee and family) will receive Australian permanent residence from date of grant, with access to Medicare and international school fee waivers.
No. 7 – RSMS Temporary Transition requirements for existing 457 visa holders
The key requirements for a 457 visa holder to apply for the RSMS via Temporary Transition are:
- the applicant must have held the 457 visa and worked under the same employer for at least 2 out of the last 3 years before applying. There are very limited exceptions for this
- the employer has paid the correct salary, superannuation and withheld taxes for the work done under the 457 visa employment
- the employer meets the Training Benchmark requirements. This means that the employer has provided an acceptable amount of training for its Australian citizen and permanent resident employees, or has made a contribution to a relevant industry training fund
No. 8 – Advantages of the RSMS Temporary Transition subclass 187 visa
The required English ability for this visa application is Vocational English, which is IELTS 5.0 in all components or equivalent English test results. There is also no need for skills assessments, demonstration of skills or qualifications if the 457 visa holder has been employed in the position for at least 2 years. The Temporary Transition pathway also allows access to a health waiver, which will be helpful to a family which may have a family member who is ill. Do note that there is no guarantee that a health waiver will be granted.
No. 9 – Obligations to be met by the Employer and Employee under the RSMS visa
The most recent focus is on the “Payment for Visas” conduct where visa applicants have paid employers in return for a RSMS sponsorship. Recently passed legislation now allows both the employer and employee to be subjected to civil and criminal penalties, which include fines and imprisonment. The Department can also cancel the RSMS visa of the employee who engaged in such illegal conduct.
Additionally the Migration Act also allows the Department to cancel the RSMS visa of an employee if:
1) the employee does not start working for the employer within 6 months of arriving in Australia
2) the employee does not make a genuine effort to stay and work with the employer for at least 2 years
No.10 – Do I need help with a RSMS subclass 187 visa?
The RSMS involves multiple stages and can be a complex application for both the employer and employee. In 2014 73.8% of RSMS applications submitted were prepared by Registered Migration Agents.
More importantly using the services of a Registered Migration Agent provides accountability, consumer protection and expertise required to submit a strong application on your behalf.
At Work Visa Lawyers we have a team of Immigration Lawyers and Registered Migration Agents who can assist you with RSMS applications regardless of the industry.
Time stamps
0:44 - #1 What are the Regional Areas in Australia?
1:30 - #2 The streams to an RSMS - Direct Entry, Temporary Transition and Labour Agreement
2:21 - #3 Offer of employment in skilled position on a relevant list from an Australian business
4:29 - #4 RSMS Direct Entry requirements for the visa applicant
6:10 - #5 RSMS Direct Entry requirements for the employer/business sponsor
7:09 - #6 Advantages of the RSMS Direct Entry pathway
8:16 - #7 RSMS Temporary Transition requirements for the visa applicant
8:58 - #8 Advantages of the RSMS Temporary Transition pathway
9:53 - #9 Obligations of the RSMS visa for visa applicant and employer sponsors
10:55 - #10 Do I need help with a RSMS subclass 187 visa
Hope you found the video helpful! Remember to subscribe to the Work Visa Lawyers channel for more videos.
You can find more information about the RSMS visa from the Work Visa Lawyers blog articles:
Work Visa Lawyers is experienced in a variety of Australian visa application, including: Employer Sponsored Visas | 457 visas | RSMS 187 visas | ENS 186 visas | Standard Business Sponsorship | Meeting Training Benchmarks and Creating Training Plans | RCB certification | Labour Market Testing | Market Salary Research | General Skilled Migration | State Nomination | Partner visas | Parent visas | Business Migration visas | and others.
Contact Work Visa Lawyers today if you need help with an Australian visa application.
This information is accurate on 21 October 2016
Do you need help with an Australian visa application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956
or This email address is being protected from spambots. You need JavaScript enabled to view it.
In our earlier blog looking at the year 2015 in review, it was mentioned that the Department of Immigration and Border Protection (DIBP) has introduced measures to penalise activities and arrangement in relation to “Payment for Visas”. On 4 December 2015, the Australian Federal Parliament passed the bill for the Migration Amendment (Charging for a Migration Outcome) Act 2015. New criminal, civil and administrative sanctions, and visa cancellation provisions were introduced on 14 December 2015.
The range of actions that can be taken by the DIBP extends to visa applicants, business sponsors and related third parties (such as migration agents) who participate in a payment-for-visa scheme. The severe penalties include:
Criminal penalties punishable by a maximum of 2 years imprisonment or a fine equivalent to $64,000 for an individual person or $324,000 for a body corporate
Civil penalties applicable to the sponsor, visa applicant or other third party who received or provides or offers a benefit related to a sponsorship related offence will equate to $43,200 for an individual person or $216,000 for a body corporate
Provisions for the DIBP to consider cancellation of visas granted to applicants who engage in payments-for-visas conduct
The “payment” in reference includes benefits other than monetary payments. This new legislation will affect the 457 work visa, the Employer Nominated Scheme (ENS) 186 visa and the Regional Sponsored Migration Scheme (RSMS) visa.
Will it affect my 457 visa?
Yes it could if you paid your sponsor! If you paid for sponsorship your visa could be cancelled! The new Bill introduces a discretionary power to consider cancellation of a temporary or permanent visa where the visa holder has engaged in a "payment for visa" conduct.
You can obtain more information about the newly announced measures at the DIBP webpage here.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
The measures introduced are part of the recommendations that were tabled in the 457 visa programme integrity review released by the DIBP. The penalties and powers granted to the DIBP demonstrate a strong intention to protect the integrity of the temporary work visa programme.
Even without the fear of punishment and penalties, individuals and businesses should be vigilant and avoid visa scams as they become a source of exploitation of the system and genuine overseas workers. The power to cancel a visa that was granted based on a payment-for-visa scam is a concern for those who have already paid for sponsorship before the Bill came into power.
Do you need help with an Australian visa application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956
or This email address is being protected from spambots. You need JavaScript enabled to view it.
As the year rolls to a close and the majority of our readers look forward to spending some time at the beach (as above) or some other well-deserved rest and relaxation activity, it is also time to look back at the year and recap what has been developing in the Australia migration regulations.
The Headlines You Need To Know
The 457 Temporary Work Visa is undergoing continuous change due to two factors:
1) The 457 Visa Programme Integrity Review Report
Released by the Department of Immigration and Border Protection (DIBP) on 10 September 2014, the review report made 22 recommendations to the 457 visa programme. Some of the recommendations have already been implemented while some will be rolled-out in the first half of 2016.
2) Temporary Work Visa Exploitation in Recent Media
Most of us would have heard about the exploitation of working visa holders by 7-Eleven franchises across Australia. This has alarmed the Department in stepping up on checking the integrity of business sponsorships and monitoring both the business sponsor and visa holder in relation to the obligations of the 457 Temporary Work Visa.
So what are the changes in place?
The following is a list of changes that have happened or are expected to happen in time:
English Requirements
The English requirements have been lowered as part of the Review Report recommendations. Here are the new requirements:
English test
Minimum band score
Minimum scores for test components
Listening
Reading
Speaking
Writing
IELTS test
Overall band score 5.0
4.5
4.5
4.5
4.5
OET
-
B
B
B
B
TOEFL iBT
Total band score 36
3
3
12
12
PTE
Overall band score 36
30
30
30
30
CAE
Overall band score 154
147
147
147
147
Additionally the exemption to the English requirement has now changed to requiring an applicant to have at least 5 years of cumulative full-time study in a secondary and/or higher education institution where the instruction was delivered in English. Previously the studies needed to be completed consecutively for 5 years.
Training Benchmarks
Training Benchmarks are a key criteria for business sponsors to meet and uphold as part of the 457 sponsorship requirements. It is recommended that the current benchmarks will be replaced by annual training fund contributions to the Department of Industry. This is likely to be implemented in 2016.
Validity of Standard Business Sponsorships (SBS)
Companies must apply to be an approved Business Sponsor before they can sponsor overseas workers for a 457 Temporary Work Visa. The validity of Standard Business Sponsorships (SBS) has been lengthened from 3 to 5 years for existing businesses; and from 12 to 18 months for new businesses which have operated for less than 12 months. The SBS will be valid for 6 years if you are an Accredited Sponsor.
Penalties for Business Sponsors who Receive Payment in Return for Sponsorships
On 4 December 2015, the Australian Federal Parliament has passed the bill for the Migration Amendment (Charging for a Migration Outcome) Act 2015. This is specifically targeting businesses which have sponsored overseas workers in a non-genuine capacity and received payments in return for the sponsorship. Such actions will now incur a civil and criminal penalty. A third party such as employment placement agencies, migration agents and so forth can also be charged under the offence. The severe penalties include:
Criminal penalties punishable by a maximum of 2 years imprisonment or a fine equivalent to $64,000 for an individual person or $324,000 for a body corporate
Civil penalties applicable to the sponsor, visa applicant or other third party who received or provides or offers a benefit related to a sponsorship related offence will equate to $43,200 for an individual person or $216,000 for a body corporate
The Bill also allows the Department to consider visa cancellations where the visa holder has engaged in a 'Payment for Visas' conduct.
Additional Information Required During the 457 Visa Nomination Process
As of 20 November 2015, the Department is now requiring businesses to provide the names of the owners, directors and major shareholders of the business as part of the application process.
This latest requirement was introduced probably to identify applications where "self-sponsorship" for the 457 visa is being done. Self-sponsorship is when businesses sponsor one or more of the owners for a 457 visa.
What else can we expect to happen for the 457 Visa Programme?
As mentioned there were a total of 22 recommendations made in the final report of the integrity review. We expect more changes to be introduced in the first half of 2016 and perhaps at the beginning of the new fiscal year in July 2016.
The Department seems to be heading into the direction of increased and more detailed checks of the 457 sponsorship, nomination and visa application process. It is expected that there will be more monitoring of 457 business sponsors and visa holders to ensure compliance and fulfilment of the obligations of the visa.
Meet us during the weekend!
Work Visa Lawyers is pleased to announce that we will be taking appointments on the weekend of 19 and 20 December 2015. December is the busy month when many visa applications are lodged and visa issues resolved. As such, Principal Migration Agent and Lawyer, Chris Johnston has made himself available for consultation during the weekends. We understand visa matters may be urgent at this time of the year and would like to assist as many applicants as possible.
Appointment places are LIMITED so contact us as soon as possible to schedule your appointment.
Email: This email address is being protected from spambots. You need JavaScript enabled to view it. Call: +61 8 8351 9956
Season's Greetings from All of Us at Work Visa Lawyers!
All of us at Work Visa Lawyers would like to take this opportunity to wish everyone a
Wonderful, Merry Christmas and Happy New Year!
Best wishes and have a great year ahead!
Do you need help or more details about your situation?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 7225 5091 or +61 8 7225 5091
or This email address is being protected from spambots. You need JavaScript enabled to view it.
Work Visa Lawyers is pleased to bring you the latest update to the Australian migration programme. The videos below will cover topics such as:
Visa options for 457 visa holders whose contract was not renewed or terminated early due to downturn in the industry, e.g. mining
New Occupation List for the Regional Sponsored Migration Scheme (RSMS) Subclass 187 Direct Entry visa applications
Supplementary Occupation List for South Australia State Sponsorship
Client feedback about the Pearson PTE Academic Exam
Changes to eligible complying investments for the Significant Investor Subclass 188C visa
Recap of Work Visa Lawyers in China as part of the Shandong-South Australia Cooperation and Development Forum in May 2015
We hope you find the news video informative. Remember that you should seek advice of a Registered Migration Agent to find out your specific options. The situation and scenario of each individual may mean different visa application pathways.
Contact us today to find out more! Remember to subscribe and follow Work Visa Lawyers on YouTube, Facebook and Twitter to get immediate updates about the Australia migration programme.
The Australian mining and resources sector has been hit by falling mining commodity prices globally. Vacancies and jobs in the mining sector are diminishing. Many overseas engineers and other mining related professionals who were hired to work in Australia on temporary 457 work visas face the daunting prospect of having their contract terminated and asked to leave Australia. Some have come to Australia with their family and the prospect of moving the family again may be disruptive to the family’s growth, especially for the children.
There are two clear options available to an engineer or mining professional in this situation - pack the bags and head home; or look for a different Australia visa to continue living in Australia.
What are the options for a new Australia visa application?
Most mining professionals affected by the industry downturn should consider other skilled visa applications, such as Skilled Independent or Skilled Sponsored visas. These visa pathways are not reliant on an employer’s sponsorship but instead allow professionals to apply for a permanent or temporary Australian visa based on their own qualifications, work experience and English ability. This means that you can transition from a temporary 457 work visa to a permanent Australian resident visa. Mining professionals that could qualify include:
Production Manager (Mining)
Chemical Engineer
Civil Engineer
Geotechnical Engineer
Mining Engineer
Petroleum Engineer
Metallurgist
Metallurgical or Materials Technician
Mine Deputy
The list above is not exhaustive. You should also note that the skilled migration programme has numerous criteria so it is best that you check your eligibility first before applying.
Don’t wait until it is too late!!
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
We have had a number of professionals working in the mining industry coming to see us in relation to the situation described above. They have made a good decision. When your employment ceases while you hold a 457 visa, you may have just 90 days to do any of the following:
find another employer to sponsor you (they need to lodge a nomination)
apply for a different visa
make arrangements to leave Australia.
It is very important to take note of the 90 day period. If you were to lodge a separate visa application there may be documents or components that you may need to prepare before you can submit an application for a different visa. These documents or components could include:
taking English exams such as IELTS
skills assessments (which can take more than 3 months to complete)
state sponsorship
Therefore TIME is really of essence in this situation. Seek advice on your options as soon as possible to avoid being unlawful by staying in Australia beyond the 90 days given. Contact Work Visa Lawyers if you are caught in such a predicament.
This information is accurate on 17 June 2015
Do you need help with an Australian visa application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 7225 5091 or +61 8 7225 5091
or This email address is being protected from spambots. You need JavaScript enabled to view it.
This is the news that many have been waiting for. The Department of Immigration and Border Protection (DIBP) has amended English requirements for the Subclass 457 (Temporary Work (Skilled)) visas. The change will affect all new applications lodged on or after 18 April 2015, and also existing applications in progress that have not been finalised. Here are the new scores requirement:
English test
Minimum band score
Minimum scores for English test components
Listening
Reading
Speaking
Writing
IELTS test
Overall band score 5.0
4.5
4.5
4.5
4.5
OET
-
B
B
B
B
TOEFL iBT
Total band score 36
3
3
12
12
PTE
Overall band score 36
30
30
30
30
CAE
Overall band score 154
147
147
147
147
Additionally the exemption to the English requirement has now changed to requiring an applicant to have at least 5 years of cumulative full-time study in a secondary and/or higher education institution where the instruction was delivered in English. Previously the studies needed to be completed consecutively for 5 years.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
Along with the changes announced for the 476 and 485 visas (read the news here), the 457 visa programme now has lower English requirements as well. There are no changes to the OET test scores requirement, and CAE exams need to be completed on or after 1 January 2015.
While this will allow more applicants to meet the 457 visa requirements, it is important to know that there are other criteria that need to be fulfilled prior to lodging an application, as well as important obligations to fulfil after a 457 visa is granted, for both the applicant and business sponsor. Failing to meet the criteria and obligations thereafter may cause invite monitoring and sanctions from the Department.
Do you need help with an Employer Sponsored work visa application?
At Work Visa Lawyers we are experienced in assisting applicants for the Employer Sponsored work visa applications, which include business sponsorship application, nomination and visa application. We are also experienced in general skilled migration visas, business skills visas and family visas.
If you require further information regarding your Australia visa options you can contact us through:
(08) 7225 5091 or +61 8 7225 5091
or This email address is being protected from spambots. You need JavaScript enabled to view it.
RSMS 187 policy change –Australian Certificate 4 now a trade level qualification with no need for experience prior to application
The relevant DIBP policy now states:
“AQF Certificate III, IV and Diploma qualifications
If the applicant relies on an Australian qualification, that qualification must be as specified within the ANZSCO framework for that occupation. For example, if the nominated position were that of a cook (ANZSCO 351411), the applicant must:
hold a relevant AQF Certificate IV or
hold a relevant AQF Certificate III including at least two years of on the job training or
have at least 3 years of relevant experience.”
Comments by Chris Johnston:
Have you been working as much as possible and waiting until you have two years of experience?
If you have a Certificate 4 and an employer you may be eligible to apply now.
This is great news for vocational graduates who are already in Australia.
Warning:
This information is accurate on the 17 February 2015. State/Territory Bodies and DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.
Do You Need Help with Australian Migration?
At Work Visa Lawyers we are experience in assisting applicants and employers with the RSMS process.
If you require further information regarding an application or your Australian visaoptions
you can contact us through:
(08) 7225 5091 or +61 8 7225 5091
orThis email address is being protected from spambots. You need JavaScript enabled to view it.
The Department of Immigration and Border Protection (DIBP) has announced a change in the Temporary Work (Short Stay Activity) visa (subclass 400) where visa applicants may apply for a stay period of up to six months upon first entry. A strong business case is required when applying for stays longer than three months. Factors to be considered for the grant of stays longer than three months include:
· satisfying Australian workplace standards and not adversely affecting Australian workers
· details about the project and potential adverse effects to the Australian community and people should the project fails to be implemented
· evidence that there are local shortages of specialised skills possessed by the applicant
· inability and difficulties faced by the employer in hiring Australians to fulfil a contracted work
· number of Australians employed by the business or project
· time available to train an Australian to implement and complete the proposed work or project over a longer timeframe
The time given to enter Australia upon visa grant is now six months.
This information is accurate on the 15 December 2014. DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.
Do You Need Help?
At Work Visa Lawyers we are experienced in assisting applicants with the Business Sponsorship, Nomination and Visa Application for the subclass 457 and 400 visas. We can also assist with the SkillSelect visa options for candidates.
If you require further information regarding an application or your Australian visaoptions you can contact us through:
(08) 7225 5091 or +61 8 7225 5091
orThis email address is being protected from spambots. You need JavaScript enabled to view it.
Subclass 457 visa is the most common Temporary Work visa. The duration of the visa is for up to 4 years. You can bring your family with you to Australia. Your family can live, work or study for the duration of your visa.
The first requirement to apply for this visa is a Business who is ready to Sponsor you to work for them. The Business should be able to satisfy the Standard business Sponsor requirements discussed later in the Blog. Secondly, you as an applicant should have the required qualifications, work experience and English proficiency.
10 things to know about when applying for a 457 visa – Australia’s most common temporary work visa
1.Three stages of the 457 application: Subclass 457 is applied in three stages:
i.Stage 1 - Sponsorship: The Business has to apply for approval as a ‘Standard Business Sponsor’ to DIBP. The business will need to meet a range of criteria including active operation and Training Benchmarks.
ii.Stage 2 - Nomination: Once the business is approved as a ‘Standard business Sponsor’, a nomination application is to be lodged to the DIBP which will identify the position that is to be filled and key features of the position.
iii.Stage 3 - Visa: This is the third and last stage of the 457 application. The applicant applies for a visa and must have the required qualification or skills and English.
2.Training benchmark A and benchmark B: This is one of the requirements of the business to become a Standard Business Sponsor. The Business has to fulfil either of the two benchmarks at the time of applying for the Sponsorship application (Stage 1):
i.Benchmark A – Business has paid 2% of the total wages paid to its employees in the last 1 year to an Industry Training fund. This Industry Training Fund should be relevant to the employer’s business.
ii.Benchmark B – Business spent 1% of the total wages paid to its employees in the last 1 year to train the Australian employees. Australian employees include employees of the Business who are either Australian citizens or Australian Permanent Residents.
There are currently 651 occupations on the CSOL. So it is worth checking if yours is on the list.
Do you need help establishing the most appropriate occupation? Call us.
4.Nomination requirements include meeting TSMIT, Market salary and LMT:
TSMIT (Temporary Skilled Migration Income Threshold): This is the income threshold that is set by the DIBP. Currently the TSMIT is set at $53,900 (please check the figure before you apply as it is subjected to change). Business has to pay a yearly salary of equal to or more than this amount to the applicant to meet the TSMIT requirements.
Market Salary: Market salary is the salary that is being paid to employees with similar occupation in the market. It must be more than TSMIT. Business has to pay a salary equal to or more than the market salary to the applicant.
Please note: The salary to be paid to the applicant should be equal to or more than TSMIT and equal to or more than the market salary for the nominated occupation.
LMT (Labour Market Test) may be required: Business may be required to provide evidences that they tried to fill the nominated position with an Australian employee and that the Business advertised the position in last 1 year but could not get a suitable candidate for the position.
5.Visa applicant must have required skill and English: The visa applicant should hold skill and work experience in the nominated occupation in some cases. If the nominated occupation is a Trade occupation, applicant may require a Skill assessment from the Trade Recognition Australia (TRA). The nominated occupation may have Registration and Licensing requirements as well.
Visa applicant will need to meet English requirements or an exemption: The visa applicant is required to score 5 bands in each module in IELTS or a score “B” in each of the four components in OET. Applicant may be exempted from this requirement if:
i.Applicant is to be paid a base salary of more than the English-language-requirement exempt amount which is $96,400 per year at present (it may change in future), or
ii.Applicant holds a passport from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America, or
iii.Applicant has completed at least five years of continuous full-time study in a secondary or higher education institution in English.
6.Conditions applicable to Business Sponsor and applicant after grant of 457 visa:
There are a large number of requirements for approved 457 Business Sponsor and 457 visa holders to comply with. The conditions include:
i.Conditions applicable for business:
i.Applicant works in the nominated occupation.
ii.Business should retain all the records.
iii.Provide training to Australian citizens or permanent residents.
ii.Conditions applicable for the applicant:
i. Primary applicant can only work for the approved sponsor
ii.Secondary applicants have no work restrictions
iii.There are a limited number of occupations with exemption to work rights
iv.Must maintain adequate arrangements for health insurance
v.Must inform DIBP if applicant stops working.
The Department of Immigration and Border Protection does undertake monitoring on approved Business Sponsor. We have expertise in helping businesses respond to monitoring requirements.
Do you need help with responding to the Department regarding Business Sponsor Monitoring. Call us.
7.457 offers pathway to Australian PR: After working with the approved Sponsor for two years, applicant can apply for a Permanent visa subclass 187 under the Temporary Residence Transition Stream. The Business Sponsor must meet all Sponsorship requirements for the two years the person is on a 457, if they want to be able to use the Temporary Transition pathway.
8.Government Review and recommendations to change 457 to cut ‘Red tape’
The Government has release a review report on the 457 program titled, Robust New Foundations: A Streamlined, Transparent and Responsive System for the 457 Programme.
The Report contains 22 recommendations, which include the following:
·Labour Market testing requirements be abolished; A more flexible and adaptive approach to adding occupations to the 457 list (CSOL list), due to limitations of the current ANZSCO occupations.
·That the English language requirement be amended to an average score. For example, in relation to International English Language Testing System, the 457 applicant should have an average of 5 across the four competencies (or the equivalent for an alternative English language testing provider)
For more details on the recommendations, please go to:
If your occupation is not on the CSOL then your options may include:
1.RSMS visa – this requires that the position is a Trade or Diploma level on ANZSCO but is not limited to a list.
2.Labour Agreement – It is possible to apply for a labour agreement to get access to occupation not on CSOL or to varying other 457 condition. The Labour agreement process is usually external and would require professional assistance.
3.Partner visa - if you have an Australian Partner.
4.Student visa
This is not the full range of options, but just some of the most common.
10.Do I need help?
The 457 process is complicated and the requirements are regularly changed by the Australian Government. Currently 73% of 457 visa applications are lodged by Registered Migration Agents. This is based on figures for April to June 2014.
In Australia, migration agents must be registered with the Office of the Migration Agents Registration Authority (MARA). If you choose to use a migration agent, you should use a registered migration agent.
Registration gives you protection and helps ensure people working as migration agents are aware of current laws and procedures and give correct advice.
If you require assistance with a 457 visa process then Work Visa Lawyers has a team of Migration Lawyers and Registered Migration Agents that can assist you.
